Public health officials have determined the water at Menlo Park’s new Burgess Aquatics Center is safe for swimming, but the public-private relationship surrounding the facility is still a little murky.

The city turned over operation of the facility to a private operator when a contract was signed February 28, but a recent chemical scare has brought into question the responsibilities of the private operator versus those of city staff.

The three-pool facility was built with $6.8 million in city funds, but is operated by Tim Sheeper, head of a private, for-profit competitive sports program.

Eight children using the children’s pool at about 3 p.m. June 16 experienced symptoms including burning eyes and throats, shortness of breath, violent coughing and other symptoms, according to a fire district official and a mother at the pool who tried to help; it was the mother, a registered nurse, who called 911.

Police and fire district paramedics rushed to the scene, treated the children, and took one child to the hospital.

Some people — including the fire district battalion chief who arrived on the scene — suspected a problem with the chlorine flow, but Mr. Sheeper said the pool’s circulation pump was accidentally turned off, and people panicked when it was restarted.

Michael Taylor, the city’s acting community services director, issued a press release June 22 assuring residents that “the city considers the safety and well-being of all participants in its programs a very high priority,” and that “additional procedures will be implemented to ensure that a similar incident does not occur in the future.”

But the facility is owned by the city, and operated by Mr. Sheeper, so making safety improvements isn’t a straightforward process.

Mr. Taylor said the city could address any safety improvements to the facility itself, such as installing a cover for the emergency stop button that was pressed by a child, causing the circulation pump to shut down.

He said Mr. Sheeper is responsible for decisions made about programming, which includes emergency protocol decisions.

It’s up to Mr. Sheeper to determine whether an emergency warrants an evacuation, and how long the facility should stay closed, Mr. Taylor said.

In the case of the recent chemical scare, Mr. Taylor wrote a press release and helped Mr. Sheeper assess the emergency, due to the “extraordinary circumstances,” he said.

He said in the future, city staff will not be involved with the facility unless there are concerns about safety or community access.

Addressing concerns

In addition to assisting with the June 16 emergency, Mr. Taylor also fielded a recent complaint about how the pool is operated.

Resident Sandra Horwitz sent an e-mail to the City Council, questioning the amount of space allotted for recreational swimming.

She said too many children were packed into a small portion of the lap pool.

Although Mr. Sheeper sets the programs and schedule, Mr. Taylor said he responded to the e-mail because Ms. Horwitz showed concern about “community access.”

Mr. Taylor said any staff time he devotes to the aquatics center — including writing a press release or responding to concerns — is included in what the city has budgeted for the city’s aquatics program.

He added that over time, the city’s responsibilities versus those of Mr. Sheeper’s staff should become better defined.

“We’re learning as we’re going along,” said Mr. Taylor. “We’re still trying to figure it out, but so far, everything seems to be going OK.”

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